Does Rent Increase Create new Tenancy?

As a rule of thumb, any term of a tenancy can be varied by agreement with the tenant including a term of the rent. The mere fact that there is a procedure for increasing the rent of an assured shorthold tenancy under section 13 Housing Act 1988 does not mean that the landlord must follow that procedure where the variation in the rent is agreed by both landlord and tenant [s.13(5) Housing Act 1988]. (5) Nothing in this section (or in section...

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Rent increase clause does “not” continue into statutory periodic tenancy

London District Properties Management Ltd & others v Goolmay [2009] EWHC 1367 (Admin) Burnett J. Where a fixed term assured tenancy comes to an end by effluxion of time, a statutory periodic tenancy arises: s.5(2), Housing Act 1988. Subject to the provisions of the Act, the terms of the statutory periodic tenancy are, in general terms, the same as those which applied during the fixed term: s.5(3). Increases in rent for periodic assured...

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